我国房地产登记机构赔偿责任的法律思考

房地产登记机构的赔偿责任是我国当前不动产物权登记立法中的重大、疑难问题之一,理论上对此也多有纷争。从我国房地产登记的立法精神以及实践做法来看,登记机构的赔偿责任应当认定为以过错归责为原则的国家赔偿责任。在共同责任形态下,应当根据侵权责任法的原理科学分配登记机构的赔偿责任形态。同时,应当借鉴国外经验,适当限制房地产登记机构的赔偿范围,并建立以专项赔偿资金为主体、以追偿和罚款所得为补充的资金保障制度。     

工会权益的司法保障

最高人民法院关于在民事审判工作中适用《中华人民共和国工会法》若干问题的解释于2003年7月9日正式公布。它是对2001年10月27日修改的《中华人民共和国工会法》实施一年多的情况予以总结而作出的具有法律效力的规范性解释,对于保障工会的合法权益,推动工会法的贯彻实施,从而促进劳动关系的协调和社会的稳定,将起到重要作用。     

Defining Environmental Justice Communities for Regulatory Enforcement: Implications from a Block‐Group‐Level Analysis of New York State

The absence of a clear definition of environmental justice areas has been cited as one of the U.S. Environmental Protection Agency's major deficiencies in managing federal environmental justice programs. Several states have explicitly defined potential environmental justice areas and integrated targeted efforts into the policy‐making process. At the block‐group level, this study evaluates the effects of New York State's environmental justice policy, which defines communities of concern in terms of demographic and socioeconomic characteristics as well as mandates supplemental regulatory enforcement activities for these neighborhoods, on the agency's policy implementation practices under the Clean Air Act and Clean Water Act. The empirical findings suggest that there is inconclusive evidence regarding race/ethnicity‐ and class‐based environmental inequity. Also, the state's policy intervention is not universally effective. Moreover, task environments of a given community are a consistent determinant of the agency's regulatory compliance monitoring and assurance activities. This study then derives broader implications regarding the adoption of a policy instrument that defines and screens potential environmental justice communities.     

Regionalising the state: political topography of regulatory regionalism

In recent years new modes of regional governance such as peer review, policy networks, and multi-level governance, have emerged not only in the European Union but in other regions such as the Asia Pacific. This article explains the rise of these new modes of governance in terms of the framework of regulatory regionalism. It suggests that these new modes of governance constitute distinctive forms of regionalised governance within the state. Hence emerging practices of regional governance are not above the national state, but instantiated within it. Just as much as the national territorial state was consolidated over the nineteenth and much of the twentieth century, the twenty-first century is likely to see the consolidation of new forms and practices of regional governance in which the ‘regional’ becomes incorporated within the political space of the state.     

Militarization in Burma's ethnic states: causes and consequences

Despite a dramatic reduction in fighting in Burma's ethnic states, militarization has increased as the regime seeks to extend its sovereignty and capitalize on economic opportunities. Rather than ensuring civilians' safety, militarization has exposed more civilians to human security threats, with serious consequences for families and communities. Abuses are likely to continue as long as the regime under-finances its army, disregards disciplinary problems, and receives diplomatic cover from its foreign economic partners. While civilians have sought to manage these threats as best they can, their degree of agency is, in most cases, highly constrained, and women have been particularly affected. Nevertheless, the development of community-based organizations which make use of porous borders to expose abuses and provide assistance to distressed communities constitutes an important, if limited, development.     

Understanding the Regulatory Thicket: Interactions Among State Environmental Regulators and Regulatees

Research exploring state-level regulatory interactions in the U.S. often employs survey methodology to ask front-line actors about their experiences. While these efforts are noteworthy, we argue that it is important to investigate these interactions utilizing a different approach. In this exploratory study, we use randomized vignettes, to which a respondent can react without fear of revealing practices or succumbing to social desirability. Our results are in concert with a growing body of literature that suggests cooperation between the regulator and regulatees is essential for future interactions in order to achieve compliance, yet each party’s perceptions may not be completely congruent.     

完善侨胞权益法律保护提升国家自主创新能力

海外侨胞是提升中国自主创新能力的重要力量,该文从保护海外侨胞权益、完善相关法律体系、完善创业环境、加强知识产权保护等多个方面,为提升国家自主创新能力提出相关政策与法律建议。     

铁路公安机关转制现状分析

2009年,铁路公安机关体制改革启动,各地方铁路公安机关从铁路运输企业中全部分离,一次性整体纳入国家司法管理体系,由铁道部、公安部双重领导,完成了从"企业警察"到国家警察体系的回归。但四年过去了,此项改革并没有彻底完成,还需要继续深化和推进,因为它既是政府职能转变、政企彻底分离之改革目标的一个组成部分,也是国家整个司法体制改革的重要组成部分。     

Governing disorder: the Australian Federal Police and Australia's new regional frontier

Abstract

The Australian Federal Police has in recent years become an important actor in both the implementation and design of Australian-led state building interventions in Australia's near region of Southeast Asia and the South Pacific. The article focuses on the recent expansion of the Australian Federal Police as a way of understanding the emergence of a new partly (and strategically) deterritorialized, ‘regional’ frontier of the Australian state. Within this new frontier, whose fluctuating outlines the Australian Federal Police not only polices but also to a considerable extent shapes and reshapes, as one of the primary expert agencies on identifying and managing transnational security risks, Australian security is portrayed as contingent on the quality of the domestic governance of neighbouring states, thereby creating linkages between the hitherto domestic governing apparatus of the Australian state and those of other countries. This allows for the rearticulation of the problems affecting intervened states and societies – indeed, their very social and political structures – in the depoliticized terms of the breakdown of ‘law and order’ and the absence of ‘good governance’, which not only rationalizes emergency interventions to stabilize volatile situations, but also delegitimizes and potentially criminalizes oppositional politics. The Australian Federal Police, however, does more than merely provide justification for intrusive state transformation projects. Its transnational policing activities open up a field of governance within the apparatus of intervened states that exists in separation from international and domestic law. The constitution of such interventions ‘within’ the state leaves intact the legal distinction between the domestic and international spheres and therefore circumvents the difficult issue of sovereignty. As a result, police and other executive-administrative actors obtain discretionary ordering powers, without dislodging the sovereign governments of intervened countries.     

“Willing the Event”

Abstract

A major problem threatens Deleuze’s project in The Logic of Sense. He makes an ontological distinction between events and substances, but he then collapses a crucial distinction between two kinds of events, namely, actions and mere occurrences. Indeed, whereas actions are commonly differentiated from mere occurrences with reference to their causal dependence on the intentions of their agents, Deleuze asserts a strict ontological distinction between the realm of causes (including psychological causes) and the realm of events, and holds that events of all types are incorporeal happenings which are inseparable from expressed sense. For Deleuze, what counts as one’s action thus does not depend on one’s intention, but rather on a process of “making sense” of that action. Nevertheless, Deleuze continues to speak of the need to “will” the event. In order to resolve this apparent contradiction, I will read a conception of “expressive agency” into The Logic of Sense.